Winslow v. France
| Decision Date | 06 March 1908 |
| Citation | 94 P. 689,20 Okla. 303,1908 OK 26 |
| Parties | WINSLOW v. FRANCE, Treasurer. |
| Court | Oklahoma Supreme Court |
Syllabus by the Court.
Woods county as now constituted as a body corporate and politic succeeds to the property of said county as a body corporate and politic under the territory of Oklahoma, except that which falls within the boundaries of the detached territory but subject to the action of the First Legislature and the jurisdiction of the Supreme Court as provided in sections 20 and 38 of the Schedule of the Constitution, and all acts of the Legislature pursuant thereto.
Error from District Court, Woods County.
Action by F. N. Winslow, for himself and all others interested against Henry France, treasurer. Judgment for defendant, and plaintiff brings error. Affirmed.
The plaintiff in error instituted this suit in the district court of Woods county, territory of Oklahoma, now a portion of the state of Oklahoma, on the 13th day of November, 1907, against Henry France, treasurer of Woods county, territory of Oklahoma, as defendant, alleging that he was a resident and citizen taxpayer of that part of the organized county of Woods, in the territory of Oklahoma, proposed as the county of Alfalfa by the Constitution adopted by the people of Oklahoma and Indian Territory at an election held in said territories on the 17th day of September, 1907, which Constitution will be ratified by the proclamation of the President of the United States on the 16th day of November 1907, at which time the proposed county of Alfalfa will become an organized county.
Plaintiff further alleged that each and every one of the citizens and taxpayers of the said proposed county of Alfalfa are similarly interested and affected in said proposed county of Alfalfa by the acts thereinafter complained of, and that the subject-matter of this action is one of common and general interest of all persons who are citizens and resident taxpayers of the territory comprised of the said proposed county, and that they are so numerous that it would be impracticable to bring them all before the court; and for said reason the plaintiff sues for himself and all others in such proposed county similarly interested and affected by the acts of the said defendant, Henry France, as treasurer of the organized county of Woods as then constituted.
Plaintiff further alleged: That at the last general election held in Woods county, territory of Oklahoma, prior to September 17 1907, the said defendant, Henry France, was duly elected treasurer of said county, comprising all the territory now embraced in the proposed counties of Alfalfa, Majors, and Woods, except a portion detached from the organized county of Woodward and annexed to the proposed county of Woods. That said defendant qualified by taking the oath prescribed by statute, and entering into an official bond in the penal sum of $250,000 conditioned as required by law. That since said time said defendant has continued in office and performed all the duties incumbent upon him, and continues to do so. That said bond conditioned as aforesaid is still in force and effect, and will continue in effect until all the duties incumbent on said defendant as such treasurer are completely performed as required by the laws of the said territory that may now be in full force and effect and such as will become effective on the 16th day of November, 1907, and until a full and final settlement is made by said defendant as such treasurer, and all moneys received by him in such capacity have been paid over to the persons and officers entitled to the same in the proportion to which such person or officer or county is entitled. That under the Constitution of the proposed state of Oklahoma the proposed county of Woods is formed of a part of the original county of Woods and a part of the county of Woodward; that at a special election hold under an election ordinance adopted by the constitutional convention under which the election was held, on the adoption of the proposed Constitution of said proposed state, and for the election of state, district, county, township, and municipal officers for the said proposed state, one Thomas Dyer was elected treasurer of the said proposed county of Woods; that one H. L. Young was elected treasurer of said proposed county of Alfalfa, and one J. Mathis was elected treasurer of the proposed county of Major. That the said defendant, Henry France, treasurer of said original and organized county of Woods, is the custodian of and has now in his possession $90,000 in cash, collected as such treasurer and belonging to the original organized county of Woods, the tax rolls for the year 1906, whereon $40,000 of uncollected taxes for the said proposed county of Woods, the proposed county of Alfalfa, and the proposed county of Major, which he is now engaged in collecting under the laws of the territory of Oklahoma, as such treasurer. That the tax rolls for the year 1907, whereon there is about $300,000 in taxes, will be turned over to the defendant, Henry France, treasurer as aforesaid, not later than the 15th day of November, 1907, as proposed, and will became on the 16th day of November, 1907 Woods, Alfalfa and Major counties. That said defendant, Henry France, treasurer as aforesaid, has also in his possession and is the custodian of warrants for the collection of $25,000 of back taxes of former years for the three proposed counties of Woods, Alfalfa, and Major. That a great portion of said taxes, and the moneys arising from the collection thereof, and the $90,000 now on hand, belong to the proposed counties of Woods, Alfalfa, and Major, but in what proportion is to this plaintiff unknown, but the greater portion belongs to the counties of Alfalfa and Major.
Plaintiff further alleges that said defendant, Henry France, as treasurer aforesaid of the original organized county of Woods, threatens to, and will unless restrained, turn over to Thomas Dyer, treasurer-elect of the said proposed county of Woods, the said sum of $90,000, the tax rolls for the taxes of 1906, whereon $50,000 is in process of collection, and the tax rolls of the year 1907 of the original organized county of Woods whereon taxes are to become due from the property and the citizens of the proposed counties of Woods, Alfalfa and Major to the amount of $300,000, and also the warrants for back taxes amounting to $25,000, and also the warrants for $25,000 of former years, due from the citizens and property of the three proposed counties. That on the 16th day of November, 1907, when the proclamation of the President of the United States is issued, accepting the said Constitution adopted by the two territories on the 17th day of September, 1907, the said Thomas Dyer, H. L. Young, and J. Mathis will become eo instante the county treasurers of the respective counties of Woods, Alfalfa, and Major, and each and all will be the successors in office of the said defendant, Henry France, and, in addition thereto, the said Thomas Dyer will become a successor in part of the county treasurer of Woodward county. That said Thomas Dyer, treasurer-elect of the proposed county of Woods, will have no right or authority in law to receive and become the custodian of that portion of the moneys now in the hands of said defendant, or to which the said Alfalfa and Major counties are entitled, nor will the said Thomas Dyer have any right or authority to receive or become the custodian of the tax rolls for the taxes of 1906, the tax rolls of 1907, nor the warrants for back taxes belonging to or to which the counties of Alfalfa and Major are not entitled. That no bond under any existing law can be required of the said treasurer-elect of the proposed county of Woods covering any of said moneys now in the hands of said defendant as treasurer of the original county of Woods, or of the tax rolls for the taxes of former years covering the proportion of said money and taxes uncollected that will belong to or to which the said counties of Alfalfa and Major are entitled. That there is no law in existence in the territory of Oklahoma, nor is there any provision in the Constitution adopted by the people of Oklahoma and Indian Territory, authorizing the said Thomas Dyer, H. L. Young, or J. Mathis to receive and become the custodian of said moneys, tax rolls, etc. That said defendant, Henry France, as treasurer of the organized county of Woods, embracing all the territory now contained in the proposed counties of Woods, Alfalfa, and Major, must remain the custodian of the moneys, tax rolls, etc., under the terms and provisions of the said Constitution, until the Legislature for the proposed state of Oklahoma shall provide by general, special, or local law for the equitable division of the property, assets, and liabilities of the counties created in whole or in part from other counties, and should the First Session of the Legislature of the proposed state fail to provide for the division of the property, assets, and liabilities of any county existing in the territory of Oklahoma between such county and any counties created in whole or in part out of such county, then original jurisdiction is conferred upon the Supreme Court to make equitable division of such property, assets, and liabilities; and the said plaintiff says that until the Legislature of the proposed state of Oklahoma makes provision therefor, or failing to do so at its first session, the Supreme Court of the territory will make such equitable division, and until then the said defendant, Henry France, is the proper, legal, and only custodian of all the moneys belonging to the territory originally embraced in the organized county of Woods, and is the only officer known to the law who can be held legally responsible for said moneys...
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